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picture1_Lease Agreement Template 201703 | Model Lease Agreement   Hcv


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File: Lease Agreement Template 201703 | Model Lease Agreement Hcv
model lease agreement this lease agreement made and enter into this the day effective month effective year effective by and between landlord s name owner and tenant s name tenant ...

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                                                             MODEL LEASE AGREEMENT                                           
                      
                     THIS LEASE AGREEMENT, made and enter into this the   Day Effective                              Month Effective   
                                                                                                                     Year Effective  
                     by and between 
                     LANDLORD’S NAME                                                                             (OWNER) and 
                     TENANT’S NAME                                                                               (TENANT) 
                     for  the  CONTRACT  unit  PROPERTY ADDRESS 
                     located at:  
                                                            
                      
                     THE FAMILY authorized to live in the unit consists of the following members: 
                     (1.)       HOH’S NAME 
                     (2.)       FAMILY MEMBER’S NAMES LISTED 
                     (3.)        
                     (4.)        
                     (5.)        
                     (6.)        
                     (7.)        
                     (8.)        
                     (9.)        
                     (10.)       
                           
                     1.    TERM OF THE LEASE 
                      
                           A.  Initial term of lease. (Enter first and last date of initial item. The initial term must be for at least one year). 
                     The initial term begins on:         START DATE 
                     The initial term end on :           END DATE 
                      
                           B.   Renewal Term 
                      
                                This lease shall automatically renew after the initial term of the lease. The renewal term shall be (select term): 
                                                            X                         Month to Month; or 
                                                                                      Year to Year; or 
                                                      
                           C.  This lease terminates if any of the following occurs: 
                                The Housing Assistance Payment (“HAP”) contract terminates; or 
                                The Housing Authority (“HA”) terminates program assistance for the family; or 
                                The Owner terminates the lease; or 
                                The Tenant terminates the lease; or 
                                The Owner and the Tenant agree to terminate the lease. 
                      
                     2.    DEFINITIONS 
                      
                     Housing Choice Voucher (“HCV”) Program - The program formerly referred to as “Section 8”. Through the program, HUD 
                     provides funds to a HA for rent subsidy on behalf of an eligible family.  The Tenant under this lease will be assisted with rent 
                     subsidy under the HCV program. 
                      
                     Housing Assistance Payment (“HAP”) Contract- The HAP contract is between HACP and the Owner of the contract unit. 
                     HACP pays the HAP to the Owner in accordance with the HAP contract. 
                       
                     Contract Rent -The total monthly rent payable to the Owner for the contract unit. The contract rent is the sum of the Tenant’s 
                     rent plus the HAP to the Owner. 
                      
                     Tenant’s Rent- HACP determines the amount the Tenant pays to the Owner. Tenants will not pay additional “rent” to the 
                     Owner and rent increases must be approved by PHA.  
                      
                     Other Payments to the Owner- Tenants may pay Owners for water usage and security deposits, if required. These payments 
                     however are to be recorded on a separate receipt. 
                      
                     Contract Unit-The housing unit, approved by HACP for subsidy to be paid by an approved participant. 
                      
                     Family/Tenant- The persons who may reside in the unit with assistance under the program. 
                      
                     HACP – Pittsburgh Housing Authority  
                      
                     HQS- Housing Quality Standards-The HUD minimum quality standard for housing assisted under the HCV Tenant-based 
                     program, however, HACP may also use the minimum city code standards for residential housing. 
                      
                     HUD- The United States Department of Housing and Urban Development.  
                      
                     Owner- To be used interchangeably with the term “landlord”. 
                      
                     Premises- The unit, building or complex in which the contract unit is located, including any common area or grounds. 
                     CLIENT NUMBER:                                                                                                                                                     Page 1 of 9 
                     3.    LEASE AGREEMENT  
                      
                     This is the lease between the Tenant and the Owner. 
                      
                     The Tenant is a participant in the HCV program. The Tenant is the family member who leases the contract unit from the 
                     Owner.  
                      
                     The Owner will enter into a HAP contract with HACP under the HCV program. The purpose of the HAP contract is to assist 
                     the Tenant to lease this dwelling unit from the Owner for occupancy by the family with the Tenant-based assistance under the 
                     HCV program. 
                      
                     4.    RENT  
                      
                     The total rent due each month is $ CONTRACT  AMT.  Of that total, the Tenant will pay a portion and the HCV program 
                     will pay a portion as set forth in 4 (a) and 4 (b). 
                      
                     (a)        Contract  Rent-  The  amount  of  the  Contract  Rent  shall  be  determined  by  HACP  in  accordance  with  HUD 
                                requirements.  The Contract Rent for the Contract Unit shall be $ CONTRACT  AMT. per month. 
                      
                     (b)        Tenant Rent- The amount of the Tenant rent shall be determined by HACP in accordance with HUD requirement. The 
                                amount of the Tenant rent is subject to change by PHA during the term of the lease. Any changes in the amount of the 
                                Tenant rent will be effective on the date stated in a notice from HACP to the family and the Owner. Initially and until 
                                such change, the Tenant agrees to $ TENANT  RENT per month to the Owner as the Tenant rent. The Tenant’s rent 
                                is due on the 1ST day of each month each month beginning on MONTH, YEAR___.  
                                 
                     If the rent is not paid on time, the Owner may charge the Tenant an administrative fee not to exceed $25.00 monthly. So long 
                     as there is an unpaid balance on Tenant’s account, the Owner may charge the $25.00 administrative fee each month until the 
                     past due balance is paid. 
                      
                     The amount of the Tenant rent is the maximum amount the Owner can require the Tenant to pay for rent of the contract unit, 
                     including all services, maintenance and utilities to be provided by the Owner accordance with the lease. 
                      
                     The Owner may not demand or accept any rent payment from the Tenant in excess of the Tenant rent, and must immediately 
                     return any excess rent payment to the Tenant. 
                      
                     The Tenant rent may not be more than the contract rent minus the HA housing assistance payment to the Owner. 
                      
                     (c)        Abatement- HACP will not pay the Owner the HAP if a unit is abated. This action is taken when the unit fails 
                                inspection and does not meet HQS or city codes within a specified timeframe of (24 hours for health, safety and 
                                emergency violations and 30 days for routine violations).  The HACP will conduct a follow-up inspection within 72 
                                hours of the cited violation. The Tenant is required to continue Tenant payments to the Owner during abatements. 
                                Failure to correct violations may also result in termination of the HAP contract and the family being required to move 
                                from the unit. Once the unit is brought to compliance, HACP will lift the abatement and resume payments to the 
                                Owner starting from the time the unit was brought into compliance. 
                      
                     5.    HOUSING ASSISTANCE PAYMENTS  
                      
                     Each month, HACP will make a housing assistance payment (“HAP”) to the Owner in the amount of $ HAP AMT on behalf of 
                     the Tenant family in accordance with the HAP contract. The amount of the HAP is subject to change by HACP during the term 
                     of the lease. Any changes in the amount of the HAP will be effective on the date stated in a notice from HACP to the family 
                     and the Owner. The monthly HAP from HACP shall be credited toward the monthly rent payable by the Tenant to the Owner 
                     under the lease. The Tenant shall pay the balance of the monthly rent.  The Tenant is not responsible for payment of the portion 
                     of rent to Owner covered by the HAP under the HAP contract between the Owner and HACP. The Owner may not terminate 
                     the tenancy of the family solely for HACP’s nonpayment of the HAP. 
                      
                     The amount of the HAP is subject to change by HACP during the term of the lease. Any changes in the amount of the HAP will 
                     be effective on the date stated in a notice from HACP to the family and the Owner. The Tenant agrees that the amount of rent 
                     the Tenant pays and/or the amount of assistance that HUD pays on behalf of the Tenant may be  
                     changed during the term of this Agreement if: 
                       
                     A.         the HACP determines, in accordance with HUD procedures, that an increase in rents is needed;  
                      
                     B.         HUD or the HACP changes any allowance for utilities or services considered in computing the Tenant's share of the 
                                rent; 
                      
                     C.         the income, the number of persons in the Tenant's household or other factors considered in calculating the Tenant's 
                                rent change and HUD procedures provide that the Tenant's rent or assistance payment be adjusted to reflect the 
                                change; 
                      
                     D.         changes in the Tenant's rent or assistance payment are required by HUD's recertification or subsidy termination 
                                procedures; 
                      
                     E.         HUD's procedures for computing the Tenant's assistance payment or rent change; or 
                      
                     CLIENT NUMBER:                                                                                                                                    Page 2 of 9 
                      
                  F.      the Tenant fails to provide information on his/her income, family composition or other factors as required by 
                          theHACP. 
          
                  G.      the HACP agrees to implement changes in the Tenant's rent or tenant assistance payment only in accordance with the 
                          time frames and administrative procedures set forth in the MTW Plan and the HACP Administrative Plan approved 
                          by HUD as instructions and regulations related to administration of the Housing Choice Voucher Program.  The 
                          HACP agrees to give the Tenant at least 30 days advance written notice of any increase in the Tenant's rent.  The 
                          Notice will state the new amount the Tenant is required to pay, the date the new amount is effective, and the reasons 
                          for the change in rent.  The Notice will also advise the Tenant that he/she may meet with the HACP to discuss the rent 
                          change. 
                   
                  6.  LEAD-BASED PAINT/HAZARD DISCLOSURE 
                   
                  If a property was build before 1978 
                   
                  The residential Lead-Based paint Hazard Reduction Act says that any Owner of property built before 1978 MUST give 
                  the Tenant an EPA pamphlet titled “Protect Your Family From Lead in Your Home”. The Owner also MUST tell the 
                  Tenant and the Broker for the Owner what the Owner knows about lead-based paint hazards that are in or on the 
                  property being rented. Owners MUST tell the Tenant how the Owners know that lead-based paint hazards are on the 
                  property, where the lead-based paint and lead-based paint hazards are, and the condition of the painted surfaces. Any 
                  Owner of a pre-1978 structure MUST also give the Tenant any records and reports that the Owner has or can get 
                  about lead-based paint or lead-based paint hazards in or around the property being rented, the common areas, or 
                  other dwellings in multi-family housing. It is also required that the EPA pamphlet be given to Tenants before the 
                  Owner starts any major renovations on a pre-1978 structure. The Act does not apply to housing built in 1978 or later. 
                   
                  LEAD WARNING STATEMENT: Housing built before 1978 may contain lead-based paint.  Lead from paint, paint chips 
                  and dust can pose health hazards if not taken care of properly.  Lead exposure is especially harmful to young children and 
                  pregnant women.  Before renting pre-1978 housing, Owners must disclose the presence of known lead based paint and lead-
                  based paint hazards in the dwelling.  Tenants must also receive a federally approved pamphlet on lead poisoning prevention. 
                   
                  A.  Owner initial one: 
                          _____   Owner does not know of any lead-based paint or lead-based paint hazards (dangers) on the property. 
                                   OR 
                          _____   Owner knows that there is lead-based paint, or that there are lead-based paint hazards on the Property. 
                                   Owner must explain what Owner knows about the lead-based paint and hazards, including how Owner 
                                   learned that it is there, where it is, and the condition of painted walls, trim and other surfaces.  Owner must 
                                   give Tenant any other information Owner has about the lead-based paint and lead-paint hazards. 
                   
                  B.  Owner initial one: 
                          ____     Owner has no reports or records about lead-based paint or lead-based paint hazards on the property. 
                                   OR 
                          ____     Owner has given Tenant all available records and reports about lead-based paint or lead-based paint hazards 
                                   on the property.  List records and reports: ____________________________________________________  
                       
                  C.  Tenant initials all that are true: 
                          ____     Tenant received the pamphlet Protect Your Family from Lead in Your Home. 
                          ____     Tenant read the information Owner gave in paragraph 6(A) and 6 (B) above. 
                          ____     Tenant received all the records and reports that the Owner listed paragraph 6 (B) above. 
                       
                  D.  Owner and Tenant certify, by signing this Lease that the information given is true to the best of their knowledge 
                   
                   
                  7.  SECURITY DEPOSIT  
                   
                  The Tenant has deposited $ SECURITY DEPOSIT AMT. with the Owner as a security deposit. 
                   
                  A.  Owner cannot make Tenant pay more than amount allowed by Pennsylvania state law for security deposit. The maximum 
                      allowed by law is equal to two-months the contract rent.  
                   
                  B.  Owner may only keep an amount equal to one-months contract rent after the first year of the lease and must then refund to 
                      the Tenant any security deposits above that amount.  
                   
                  C.  If the security deposit is more than $100, Owner must keep it in a special bank account (escrow account) and give Tenant 
                      the name and address of the bank. 
                   
                  D.  After the second year (if Tenant continues to live on Property), Owner must keep the security deposit in an escrow account 
                      that earns interest.  Owner may keep 1 percent of the security deposit each year as an administrative fee.  Owner must pay 
                      the Tenant the balance of the interest once a year. 
                   
                  E.  Owner can use the security deposit to pay for unpaid rent and damages (beyond normal wear and tear) that are Tenant’s 
                      responsibility. 
                   
                  F.  When Tenant moves from the Contract Unit, Tenant will return all keys and give owner written notice of Tenant’s mailing 
                      address where Owner can return the security deposit.     
                   
                  G.  Owner will prepare a list of charges for damages and unpaid rents. Owner may deduct these charges from the security 
                  CLIENT NUMBER:                                                                                                                 Page 3 of 9 
                   
                           deposit.  Owner must return security deposit and interest (minus any charges to Tenant) within 30 days.  
                      
                      
                     8.    APPROVAL OF LEASE FOR CONTRACT UNIT 
                      
                           A.  HACP must approve the lease for the contract unit. The lease may not be revised unless HACP has approved the 
                                proposed lease revision in writing. 
                            
                           B.  The HUD Tenancy Addendum for Section 8 Tenant-Based Assistance MUST be attached to this or any other lease 
                                submitted by the Owner. 
                      
                      
                     9.    BREAKING THE LEASE 
                      
                     A.  Tenant Breaks the Lease if: 
                      
                           1.   Tenant does not pay the full rent amount on time; or 
                            
                           2.  Tenant leaves the property permanently before the lease expires; or 
                            
                           3.  Tenant fails to recertify timely with HACP; or 
                      
                           4.  Tenant fails to allow the Owner or HACP to inspect the unit; or  
                      
                           5.  Tenant, family member and/or guest of Tenant damages the unit or property; or 
                      
                           6.  Tenant fails to maintain property in accordance with lease provisions; or 
                      
                           7.   Tenant violates any other provision of this lease. 
                      
                     If the Tenant breaks the lease for any reason, the Owner will send the Tenant notice giving the Tenant five (5) days to correct 
                     the action. Failure to comply may result in the initiation of eviction proceedings against the Tenant. If the Tenant fails to 
                     comply, the Owner may serve Tenant with a Notice to Quit, which describes the noncompliance with the lease. If the Tenant is 
                     given a Notice to Quit from the Owner and does not move within the allotted time, the Owner may sue the Tenant to take 
                     possession of the unit.  
                      
                     B.  Owner Breaks the Lease if: 
                            
                           1.   Owner fails to repair the unit timely; or 
                            
                           2.  Owner enters the unit unauthorized; or 
                            
                           3.  Owner fails to maintain property taxes; or 
                      
                           4.  Owner fails to maintain renters license; or 
                      
                           5.  Owner locks Tenant out without court action; or 
                      
                           6.  Owner fails to maintain property in accordance with the lease provisions; or 
                      
                           7.   Owner violates any other provisions of this lease. 
                            
                     C.  Termination of Tenancy by the Owner 
                      
                           The Owner may only terminate the tenancy on the following grounds: 
                                 
                           1.  Serious or repeated violation of the terms and conditions of the lease; 
                            
                           2.  Violation of Federal, State or local law that impose obligations on the Tenant in connection with the occupancy the 
                               contract unit and the premises; 
                            
                           3.  Criminal activity -Any of the following types of criminal activity by the Tenant, any member of the household, a guest 
                               or other person under the Tenant’s control shall be cause for termination of tenancy: 
                                    
                               a.    Any criminal activity that threatens the health, safety or right to peaceful enjoyment of the premises by other 
                                     residents; 
                                      
                               b.    Any criminal activity that threatens the health, safety or right to peaceful enjoyment of their residences by 
                                     persons residing in the immediate vicinity of the premises; or 
                                    
                               c.    Any drug-related criminal activity on or near the premises. 
                      
                           4.  Other good cause. 
                      
                               “Other good cause” may include, but is not limited to, any of the following examples: 
                     CLIENT NUMBER:                                                                                                                                    Page 4 of 9 
                      
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